MINUTES
PRESENT: Jim Ross, Chairman
Anne Avelino
Mary Ellen Rochette
William Smith
ABSENT: Mark Peterson, Vice-Chairman
Erika Ueberbacher, Conservation Agent
7:00 P.M. ADMINISTRATIVE BUSINESS SESSION
Chairman Ross explained that the formal Public Hearings would not begin until 8:00 p.m. due to the many items that needed to be covered during the administrative business session. He advised the audience that many of the administrative business session discussions were aimed at violations. Jim explained that many people are not aware of the Wetland Protection Act and wanted this meeting to be of an educational nature and said we would try to resolve these infractions in the simplest way possible.
1. Review of Minutes of 6/16/05 –
Chairman Ross questioned two items in the minutes that needed to be corrected. After a brief review, Mary Ellen motioned, Anne seconded, and unanimous vote by the Commission to accept the minutes of the June 16, 2005 meeting with changes as discussed.
2. Vote on Policy Re: 25-foot “No Touch Zone”-
Erika explained that at the last meeting the policy was discussed and approved but no vote had been taken. Mary Ellen motioned, Anne seconded, and unanimous vote by the Commission to approve the 25-foot No Touch as a written policy dated July 7, 2005.
3. Continued informal discussion with Mike Jones of Can Four, Regarding a Revised Plan for Units 58 and 59 under DEP # 269-532-
Mr. Mike Jones of Can Four represented the applicant. He discussed the project located north of 495 and east of 138 which was bordered on the north by Elm Street East. Mr. Jones stated that during the permitting, the Army Corps had them alter the plan because of their concern about the land adjacent to the BVW. He indicated that in order to comply with the Army Corps request, they had to rotate the house and shorten Heather Way to put in the requested critter path leading to the vernal pool. Mr. Jones stated that because of this change, the houses would now face Sunflower Drive. He stated there would only be a slight difference from the wetland line. Erika stated that she did not have any problem with the changes and that this plan would be considered a minor modification on an additional plan and would
be included with the original plans for Unit #58 and #59 dated June 1, 2005. Bill motioned, Mary Ellen seconded, unanimous vote by the Commission to approve plan dated June 1, 2005.
4. Information discussion involving plan modification for a single family house on May 14, Lot 154, Warren Street West as submitted by Paul Bourgeios-
Erika explained that the house had been shortened approximately eight feet but a new plan of record for this DEP File # 269-591 dated July 1, 2005 was needed. Bill motioned, Mary Ellen seconded, unanimous vote by the Commission to approve plan dated July 1, 2005.
5. Informal discussion with Robert Ferreira, 399 South Main Street, Map 14, Lot 69A- Chairman Ross explained to Mr. Ferreira that ConCom had received a complaint about tree cutting work being done behind his home. The concern was that the property behind him had a lot of wetlands on it and it was questioned whether some of the work he had been doing was actually within the 100-feet of the BVW. Mr. Ferreira stated that about fifteen years ago he had built a garage and was told that he cannot do anything behind the ditch. He stated that the only reason he cut the trees was because they were dying and infested. He said he didn’t know that he was within the 100-foot Buffer Zone. Chairman Ross stated that ConCom isn’t sure if he is and asked Mr. Ferreira’s permission to go onto his
property to see if the work has been done within the 100-foot Buffer Zone. Mr. Ferreira gave ConCom permission to review the site.
6. Informal discussion with Robin Marchetti, 333 Dean Street, Map 18, Lot 14-12-
Erika explained that the work was visible from the road and looked like there are a lot of wetlands across the road and around the property. She said she didn’t have any files indicating whether or not there are wetlands and doesn’t have an approved line. Chairman Ross explained to Mr. Marchetti that ConCom is responsible for any activity within 100 feet of the Bordering Vegetated Wetlands or 200 feet of a Riverfront Area and other resource areas as well. He explained to Mr. Marchetti that if he proposed work in those areas he would be required to come to ConCom. Mr. Marchetti replied that the grass was always there and that all he did was just slice seed it to make it look better. He said he didn’t do any grading and that the rip rap was there when he built the house. He said there was a
replication area done previously about 8 years ago. Mr. Marchetti said he put in the seven poles because people were always turning in his driveway and on the grass spot but that he had dug the holes with a fence pole digger. Mr. Marchetti said other than that, he did not change a thing and said that he did not think it was a big deal. Chairman Ross asked Mr. Marchetti permission to go onto his property. Erika recommended that Mr. Marchetti do a filing if he was planning on doing any other work on his property. Chairman Ross said he would go along with the consensus of the board and reminded Mr. Marchetti that if he was planning on causing any changes or alteration to his property, he would need to come into the ConCom office and do a filing. Mr. Marchetti asked if he could replace his mailbox post because it was always getting knocked down. He was advised that he could replace the post as long as he did not do any
landscaping around it. As a follow-up, Chairman Ross asked Erika to send a copy of the minutes to Mr. Marchetti so that it is on record that this discussion took place and that a filing would have to be done for any work within 100-feet of the wetlands that would causes changes or alterations.
7. Information discussion with John Barbour, 146 South Street West, Map 14, Lot 39-
Chairman Ross explained to Mr. Barbour that a complaint had been received regarding work being done on the property. Chairman Ross said he believed the stream only runs after a rain but suggested that there might be wetlands in the rear. He asked Mr. Barbour permission to go onto his property to review conditions. Mr. Barbour gave ConCom permission to go onto his property.
8. Informal discussion with Frank Morreale, 241 Church Street, Map 18, Lots 36-2 and
36-3-
Erika explained that this complaint has been going on for about two years. She stated that ConCom has been waiting for a wetland delineation plan which she has recently received, but has not received the attached ANRAD filing, the Notice to the Abutters or the Notice from the Taunton Gazette. She explained that she had spoken to Mr. Murphy but was told that he was hired to do only the plan. Erika stressed the need to have the delineation approved. She explained the history of this hearing. Mr. Morreale said Bob Murphy was a hard person to contact but would give him another call. Bill said his recommendation would be to give Mr. Morreale 30 days to get in touch with Bob Murphy and have the application completed with the required paperwork. Chairman Ross explained to Mr. Morreale that all the
required paperwork has to be in for the public hearing. Mr. Morreale agreed. Erika told Mr. Morreale that the paperwork can be filled in on line.
9. Informal discussion regarding Lot 25, Princess Lane, DEP File # 269-709 for a revised house size on the lot as submitted by Frank Gallagher on behalf of his Client Intoccia Builders-
Erika explained that the plan had been revised. She stated that the porch in the front had
been deleted but there would be a patio and deck expansion in the back. All work is out of the approved limit of work. Bill motioned, Mary Ellen seconded, unanimous vote by the Commission to approve plan dated June 27, 2005 as a minor modification.
10. Continued informal discussion with Tom Pozerski of Hayward Boynton & Williams regarding work done by T & M Realty Trust that involved the installation of a culvert under the MBTA rail bed, along with other associated work, in an area located northwest of the intersection of Britton Street and King Philip Street and approximately 500-feet north of the old stone railroad bridge that crosses over King Philip Street between Broadway (Route 138) and Prospect Hill Street-
This hearing was continued to July 21, 2005 at the applicant’s request.
11. Informal discussion with John McMasters, Jr., 905 North Main Street, Map 5, Lot 70B- This hearing was postponed to July 21, 2005 at the applicant’s request.
Updates from Agent
Wampanoag Road drainage. Erika discussed this project. She explained that they are currently working on the filing with Hayward Boynton and Williams and that Roger Stolte would need to approve it. The filing would incorporate all of the changes recommended by ConCom and by John Schmid.
Sewer line installation Mastria. Erika said that she heard Mastria has to revise a lot of the sewer line system through the DEP and Raynham Sewer Department and that both departments were looking for all of the things that had been proposed in the field. Erika advised that ConCom should be receiving shortly a plan from John Bensley that will address fixing the vernal pool and other problems. She said that Gary Smith was also upset that his property line has been disturbed and said he will pursue that. A brief discussion followed.
Erika stated that Mr. Patenaude had been hired to work on the parking lot expansion. She said she discussed various items with him and he said he was hoping to get it in soon. There was a brief discussion on Mastria’s approved sewer line.
Expansion of King Philip Street. Erika hasn’t heard anything new and will keep the discussion tabled until July 21, 2005.
Locust Woods/Whippoorwill. Erika explained that they are trying to fix the drainage problem. She said she had gone out for an inspection and that some disturbance was being repaired with conservation grass seed mix. Erika explained that the building permits have been issued and John Schmid is working on a revised drainage design. The projected timeframe is filing an ANRAD on July 4th followed by the NOI the following meeting.
Burn Permit Information. Erika is working with Chief Andrews about compiling more information.
Certificate of Compliance for Wampanoag Road Lot 10A. Erika explained that she has been waiting for them to clean up the debris. She explained that when she sent the COC for Lot 13A, she explained what had to be done and to notify ConCom when the work was done. Erika believed that Welsh Builders will be doing the cleanup and that it would be done by the 21st.
Erika advised that a site visit will have to be scheduled for 388 Center Street.
Erika stated that changes had been made on how to prepare the budgets. She explained that aside from the new protocol, more tracking would be required.
Updates from Commission Members
Chairman Ross recalled the article he read in the Raynham Call regarding the Sullivan School modifications. He explained that the Sullivan School Building Committee was going to review the resource areas. Erika stated that she has been in contact with Mr. Bettencourt who has been keeping her updated on the progress and that he was hoping to be scheduled for the August meeting. Chairman Ross asked Erika if the alternatives analysis has been discussed with Mr. Bettencourt. Erika replied that she did not think so and that at this point they are just going thru the bid process.
Chairman Ross asked Erika to print out copies of the most commonly asked for forms to distribute to the public because not everyone has the availability of going online. He suggested that Erika forward to Mr. Morreale the forms that he needed to complete his filing. Chairman Ross thought this type of help would encourage the residents to do the filings.
8:00 P.M. PUBLIC HEARINGS AND PUBLIC BUSINESS:
1. Public hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries for Oakland Street, Assessors’ Map 17, Lot (s) 60 & 61; the applicant is Philip Martin, PDM Land Development-
Mr. Martin advised the board that he had adjusted the flags as requested but also left the old flags for verification. Erika said she is very comfortable with the line now that the changes have been made. She stated that the stream area did continue off the property and thought the Commission should approve it but indicate that there may be areas off of the property boundary that were not verified. She recommended to the board to approve plan. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated June 17, 2005 with a note indicating that there may be areas off of the property that were not verified.
2. Public hearing for an Abbreviated Notice of Resource Area Delineation to confirm the boundaries for Judson Street, Assessors’ Map 16, Lot 24, 24-1, 24-2; the applicant is George Lawrence-
Mr. George Collins of Collins Engineering represented the applicant. Mr. Collins explained that the two issues previously discussed had been addressed. He stated that Flag 63 had been adjusted 7 feet upland and that the area between Flag 62 and Flag 64 was now a straight line. Mr. Collins explained that a Wetlands Consultant went to the site to review a stream to the north and presented his report. Mr. Collins indicated his Botanist interpreted that the Rivers Protection Act did not apply because the USGS map indicated the stream was an intermittent stream because it was shown as a light blue line. Also, it did not meet the parameters set forth by the Riverfront Protection Act in terms of size. He then cited from the regulations. Erika disputed this information and said that she wasn’t 100%
sure that the citing was interpreted correctly.
Erika explained that the Commission should be voting on the plan to approve a resource line as accurate, if they agreed that it is completely accurate. If they felt the BVW and any other resource areas such as an intermittent/perennial stream located on site were inaccurate, they would indicate that as such on an Order of Resource Area Delineation. Bill reminded the Commissioners on the policy that nothing is to be discussed that Erika has not had a chance to review prior to a meeting and that he felt uncomfortable in making a determination without further review. He recommended continuing the hearing for two weeks. Jim said he would recommend that the change to the BVW has been made to his satisfaction. Mr. Collins said he would get further clarification on the stream information should the
Commission require any additional information. This hearing was continued to July 21, 2005 at the applicant’s request.
3. Public meeting for a Request for Determination of Applicability for the proposed work at 38 Sachem Road, Assessors’ Map 4, Lot #116-23; the applicant is Karin Daisy-
Erika explained that she had visited the site. Mrs. Daisy had moved the pool out of the wetland buffer zone and the resource area on a revised plan. Bill motioned, Mary Ellen seconded, unanimous vote by the Commission to issue a Negative #1 with no conditions.
4. Public hearing for a Notice of Intent for the proposed construction of a single family dwelling, garage, driveway, utilities, erosion control measures and associated site grading within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at Richard Street, Assessors’ Map 4, Lots 203 & 204; the applicant is T & M Realty-
Mr. Michael O’Brien of Hayward, Boynton & Williams represented the applicant. He explained that the hay bales had been moved to the 50 feet line as requested. Erika explained to Mr. O’Brien that when she and Jim visited the site, someone had deliberately moved all of the lines. Mr. Ross explained that even though the flags had been scrambled, the fence line was 50 feet away from the wetlands and the house and kept well back. Bill motioned, Mary Ellen seconded, unanimous vote by the Commission to approve plan dated June 21, 2005 with Standard Conditions.
5. Public meeting for a Request for Determination of Applicability for the proposed work at 233 Pleasant Street, Assessors’ Map 11, Lot 51; the applicant is Edward & Tammy Griffin-
Erika explained that Mr. Griffin had hired someone to install a pool who did not pull any permits. She stated that the pool had been pulled back from the wetland and didn’t have a problem with the way it was currently positioned. She recommended that a condition be added to use conservation grass seed to stabilize all disturbed areas and that any future work done on this property would require an ANRAD immediately. Chairman Ross explained to Mr. Griffin that an ANRAD was to show the homeowner how close they are to the areas for the work they are proposing to do. Mr. Griffin apologized to ConCom for this problem. He asked if he could install a fence further towards the road so he could open up his yard. It was recommended that no disturbance be done past the area already disturbed and that hay bales would
be sufficient. Erika recommended issuing a Negative 3 with Conditions on Plan referenced on page 1 of the Determination and dated July 7, 2005. Bill motioned, Anne seconded, unanimous vote by the Commission to approve plan dated July 7, 2005 with no further disturbance within 100-foot of the BVW without the filing of an ANRAD and the use of conservation seed mix. Mr. Griffin said he would like to dig up an area of his yard where the ground is hard so that he can plant some grass. Bill advised him that he would have to file an ANRAD for that type of work.
Chairman Ross suggested finding ways to help people who have not worked on projects and are not sure of the process.
6. Public hearing for a Notice of Intent for the proposed construction of a single family dwelling with associated site grading and utilities within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the applicant proposes erosion control devices down gradient of the limit of work; the site is located at Finch Road, Steeplechase Preserve, Assessors’ Map 16, Lot 33-26, subdivision lot 26; the applicant is QBI Homes-
Hearings #6 and #7 were discussed together. Erika said she was comfortable with the plans and did not have any comments. Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to approve plan dated June 22, 2005 for Lots #33-26 and #33-2. Standard Conditions to apply.
7. Public hearing for a Notice of Intent for the proposed construction of a single family dwelling with associated site grading and utilities within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the applicant proposes erosion control devices down gradient of the limit of work; the site is located at Finch Road, Steeplechase Preserve, Assessors’ Map 16, Lot 33-27, subdivision lot 27; the applicant is QBI Homes.
8. Continued Public hearing for a Notice of Intent for the proposed construction of a single family dwelling, sewer and water utilities, erosion control, fence and associated grading within the 100-foot Buffer Zone to Bordering Vegetated Wetlands; the site is located at Richmond Street/South, Main Street, Assessors’ Map 14, Lot 59; the applicant is Jeff Linthwaite, Southern New England Conference Association of Seventh Day Adventist-
This hearing was continued to July 21, 2005 at the applicant’s request.
Erika discussed the (3) NOI’s and (1) RDA scheduled for Tuesday, July 12th and the ANRAD and scheduled appointments for July 19th.
Erika discussed a possible land donation and would do further research.
Mary Ellen motioned, Anne seconded, unanimous vote by the Commission to adjourn meeting. Meeting adjourned at 9:00 p.m.
Respectfully submitted,
Donna Guay,
Recording Secretary
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